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CNN NEWSROOM

In Need of New Lungs; NY Court to Weigh In: Who Gets the Tip?; Millions in U.S. Brace for Storm; Chasing Storms; Stars Hold Concert for Oklahoma Storm Relief; Mom of Seven Held on Drug Rap; Wrong Beauty Queen Crowned; Girl Has Weeks to Live

Aired May 29, 2013 - 13:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SUZANNE MALVEAUX, CNN ANCHOR: Tornadoes, large hail and damaging winds, that's the severe weather threat for today. We are out in the middle of all of that with a storm chaser.

Plus, this mom of seven still sitting in a Mexican jail, accused of trying to smuggle pot. Her family says she was framed.

And a major mix-up at a beauty pageant. Can you tell which woman is the real winner? Well, neither could the judges.

This is CNN NEWSROOM and I'm Suzanne Malveaux.

We are following closely first up the dangerous weather about to hit more than half of the country. Millions of folks from Kansas to New England could see severe storms that today throughout the day. We are talking tornadoes, huge hail and fierce winds.

This tornado in Kansas just one of many that hit the state, this was yesterday. Well, in the town of Corning (ph), six farms were hit. Thankfully no one has been reported hurt. People in neighboring Oklahoma were spared, but today they might not be as lucky. The town of Moore and Oklahoma City right now in the danger zone.

So is our Chad Myers. He is chasing storms today in western Kansas. Chad, got you on the line there. What are you seeing? Oh, I see you.

CHAD MYERS, AMS METEOROLOGIST: You know, we are in Greensburg, Kansas, a town that was hit by an EF-5 tornado just six years ago. You look over my shoulder, the town (INAUDIBLE) brand new, (INAUDIBLE) taken (INAUDIBLE.) But you look at where I'm standing which used to be a church turned into an antique mall. Obviously, things look a whole lot different. I talked to the people here and they said, you know what? It just takes time. Six years isn't enough to put your town back together from an EF-5 tornado. And so, the people -- that's what they're telling people in Moore. Please be patient, take your time and realize that this recovery is going to take a long time. You're not going to put Moore back together in one month.

So, we are out here in west Texas, in western Kansas, western Oklahoma covering the tornadoes that we expect to be on the ground today. It is windy, it's muggy, but where we are right now in Greensburg, it's not sunny. And that's some good news. You don't want it to be sunny. The sun heats the ground, the ground heats the air, the air wants to go up and you get bigger storms. So, we're expecting the biggest storms to still be west of here, but we'll be with you all day long as the storms progress -- Suzanne.

MALVEAUX: And, Chad, I understand that you are going to get a pretty close-up look at some of these tornadoes possibly in a vehicle. Can you explain what it is that you're planning on doing?

MYERS: Well understand, we are actually just in a regular suburban, a non-fortified car, we are not going to be inside the tornado like they were yesterday. We are going to stay away from the storms, take a look at the storms from far away but be with storm chasers that may actually try to get a closer look for scientific knowledge. We're here to try to help the public stay safe. I can't keep you alive, but I can have you make better decisions from the reporting we'll do out here. That's what the weather service does. That's what the spotters do. That's why everyone's out here in the first place trying to keep the people alive, keeping them safer by helping them make safer and better decisions to keep themselves safe when tornadoes do approach.

MALVEAUX: All right, Chad, we want you to be safe as well. Tracking the storm right now, our own Samantha Mohr has more details about what is taking place and what's going to happen as things start firing up. And Chad mentioned they're going to get close but certainly they're going to be trying to warn folks what they can expect. We talked to a storm chaser yesterday, they actually go inside of those tornadoes to get information and also to make sure that they are warning folks where the eye of that storm is. What do we know so far?

SAMANTHA MOHR, AMS METEOROLOGIST: Well, right now, we're talking about a late afternoon, evening event. Look how quiet it is right now where Chad is. He mentioned the cloudy skies. That's keeping some of the storms from developing right now. But once this cap gets broken, if you will, it kind of keeps things more stagnant in the atmosphere. Once that breaks, things will erupt quickly. So, we expect to see a lot more activity here on the radar screen once we get into that late afternoon and throughout the evening and overnight hours as well, Suzanne.

We do have a lot of moist air moving in. We have a jet stream just in the right position right over this extra tropical cyclone. And behind it, some very dry air. And that means dry air is actually heavier than moister air, so it moves in like a bulldozer and just picks up that air and lifts it up. So, we do expect to see some very strong storms developing throughout the evening hours, primarily, Suzanne.

And then, overnight as well, we'll be watching the radar screens very closely for you. In the red area, that's about, there around, 300 hundred -- I should say, 3.2 million people that live in this area. So, they are the ones who are in a moderate risk for tornado developments today, Suzanne. So, we'll watch it carefully.

MALVEAUX: And, Samantha, of course we've got to take into account that community in Moore, Oklahoma. I mean, really, just devastated last go-round. It just happened within previous -- just, you know, a week ago or so. They, too, in the risk area. How likely is it that they're going to see tornadoes again? MOHR: They have a good chance. They're in that moderate risk area, which means they'll likely see severe thunderstorms, that hail as large as baseballs and the chance for some tornadoes. We just don't want one to hit in the wrong spot. We hope it's in some isolated rural area, definitely not in Oklahoma City or in Moore, Oklahoma.

MALVEAUX: All right, Samantha, thanks. We'll be watching closely. And victims of the deadly tornado in Oklahoma last week, they actually got some support here. And we're talking about they're getting star- studded support. This is happening tonight. Country singers Blake Shelton and his wife, Miranda Lambert, Darius Rucker and R&B Superstar, Usher, among those who are set to perform. This is called the Healing in the Heartland concert. Now, proceeds benefit the United Way of Central Oklahoma, may -- or, of course, where the tornadoes, it is relief fund there. The concert airs live 9:00 p.m. Eastern from Oklahoma City.

We are learning more this afternoon about the fate of that Arizona woman of seven jailed in Mexico on drug charges. Now, her family says she was framed, but Mexican authorities, they accuse her Yanira Maldonado of trying to smuggle marijuana. Well, she is back in court today. It's going to be up to a judge to decide whether or not she goes free or stays behind bars.

Casey Wian, he reports on the family's agonizing wait just for answers.

(BEGIN VIDEOTAPE)

CASEY WIAN, CNN CORRESPONDENT (voice-over): Yanira Maldonado's family hoped she would be released at a court hearing in Nogales, Mexico Tuesday. But the Mormon mother of seven accused of smuggling marijuana will remain in a Mexican jail for at least another day. The family insists she has no involvement in drugs and is being framed.

ANNA SOTO: Whoever was the cause of this, that's who I'm angry at. The people that put my mom in prison without having evidence.

WIAN: Maldonado was arrested last week after Mexican authorities said they found 12 pounds of marijuana under the seat of a commercial bus she was riding home in from a funeral with her husband, Gary. Gary Maldonado says he was asked to pay a $5,000 bribe for his wife's freedom. But as he tried to raise the money, she was shipped off to jail. The family says it is encouraged by the evidence presented in court so far. This case is not unusual in Mexico where there has been a struggle to modernize its notoriously corrupt judicial system, says Mexico expert George Grayson.

GEORGE GRAYSON, COLLEGE OF WILLIAM & MARY: And the judicial system there is even more corrupt than the police. And when you're brought into a judicial proceeding, you don't get to face your accuser. You don't have an automatic right to a lawyer. You may be held before you're brought to trial for some weeks. And it's a closed proceeding.

WIAN: In this case, the judge has the power to hold Maldonado in prison up to four months before trial. That would likely only bring more pressure from U.S. authorities. The office of Senator Jeff Flake of Arizona says Senator Flake has been in contact with the family as well as officials in Mexico and the U.S. regarding the case. He will continue to monitor the situation.

(END VIDEOTAPE)

MALVEAUX: Casey Wian joins us from Goodyear, Arizona. And, Casey, first of all, a lot of people concerned about this family. Some people believe certainly this woman has been framed. What happens today in the hearing? I mean, who comes to her defense?

WIAN (live): Well, actually the people who came to her defense testified mostly yesterday. And those were people who were on that bus who said that neither Yanira Maldonado nor her husband, Gary, carried anything onto the bus with them. Also, they had family members testify about the funeral that they were attending in Mexico.

Today is very key because Mexican military officials who were involved in apprehending her at that checkpoint are scheduled to testify today. And Yanira's attorney will have the opportunity to cross examine them. The judge then is expected to make a decision by the end of the week whether there's enough evidence to keep her in prison there in Mexico or to hold her over until a more formal trial which could take three to four months to happen -- Suzanne.

MALVEAUX: And, Casey, is there confidence here that this is a legitimate proceeding?

WIAN: I don't think so. First of all, the proceeding is not open to members of the media. We are not allowed to observe what's going on. It is in a very small courtroom. The proceedings are bizarre, by our standards, to say the least. It's described to me as a person who is typing on an old -- on an actual manual typewriter, the transcript, of what people are saying to the judge and a defense attorney and a prosecuting attorney are on either side of that person arguing about what that person should be typing and what should be -- what is -- what is accurate. So, it's a really strange proceeding. And as it was mentioned in that report, there have been efforts underway in Mexico to try to reform and modernize their judicial system. And a lot of people think that this is a case that shows a prime example of how far there still is to go in Mexico toward people getting a fair trial.

MALVEAUX: And, Casey, how soon could this be resolved for this family?

WIAN: Well, the family hopes it will be resolved by the end of the week. The Mexican embassy in Washington has said they expect the judge to make a preliminary decision very soon. There is sort of a timetable they have to work under and our understanding is that that timetable comes up Friday 6:00 local time. So, we should have an answer then. The family expressing optimism and confidence, at this point, that she's going to be released some time before then -- Suzanne.

MALVEAEUX: All right, Casey, thank you. Appreciate it. Here's what we're working on for this hour as well. This little girl only has weeks to live. She is waiting for a lung transplant, but her age is preventing her from getting one.

Plus, planning for retirement, most people don't think they have enough money saved away and they are working longer than ever now. So, are there ways to help reinvent yourself? Dan Marino and Emilio Esteban joining us live to talk about that.

And, it was a dream come true that abruptly came to an end. Yes, the wrong beauty queen was crowned all because of a typo.

(COMMERCIAL BREAK)

MALVEAUX: A little girl in Philadelphia is dying and now a U.S. congressman is joining the fight to try to save her life. Sarah Murnaghan needs a lung transplant but she is only 10 years old, that is too young for an adult transplant, that according to the group that oversees organ transplants in this country. Well, Pennsylvania Congresswoman, Pat Mann, is formally asking for an exception to this policy. But until an answer comes, all Sarah's family can do is simply wait. Zain Asher has the story.

(BEGIN VIDEOTAPE)

SARAH MURNAGHAN: Twinkle, twinkle little star.

ZAIN ASHER, CNN CORRESPONDENT (voice-over): 10-year-old Sarah Murnaghan wants to be a singer.

SARAH MURNAGHAN: How I wonder what you are.

ASHER: Her mother says, if she gets a new pair of lungs in the next few weeks, her dream could one day be a reality.

JANET MURNAGHAN: I'm not going to tell her she's dying, because she's 10.

ASHER: Sarah was born with cystic fibrosis, an illness that's damaged her lungs beyond repair.

SARAH MURNAGHAN: I used to go to school before I got oxygen. I got to go to school and at least play and act like all the normal children.

FRAN MURNAGHAN: We knew at some point we knew she would need new lungs. We had hoped it would be much, much further down the road, but over the years her disease has progressed.

ASHER: If Sarah was 12 years old, she'd have a higher chance of receiving adult lungs. But since she's only 10, she primarily has access to children's lungs, which are in much shorter supply.

JANET MURNAGHAN, SARAH'S MOTHER: That's insane. It shouldn't be about their age. If she's the sickest person, she should qualify. ASHER: Under the rules, the only way Sarah could receive an adult's lung to save her life is if all the other patients in her region who were age 12 and older turned it down first.

DR. STUART SWEET, UNITED NETWORK FOR ORGAN SHARING: It tugs at my heart. It's not a perfect system. There is no perfect system. It's the best we can do right now.

ASHER: Dr. Stuart Sweet is a board member at the United Network for Organ Sharing. He helped write the pediatric transplant rules.

SWEET: If I change the system to give Sarah an advantage, there's another patient, very likely an adolescent, who then gets a disadvantage. We've built a system that we try to be -- tries to be as fair to everyone as possible.

ASHER: Sarah now has three to five weeks to live.

JANET MURNAGHAN: It's so hard to get pediatric lungs.

ASHER: Her mother is still working on a solution. Her options, though, are limited.

JANET MURNAGHAN: Maybe it's too late for Sarah, I don't know. But it's not right. I'm going to fight for the next person's kid.

ASHER: Sarah still has hope.

SARAH: I'm not going for easy. I'm just going for possible.

ASHER: The possibility of living, of maybe one day realizing her dreams.

SARAH: You can do it, you can do it if you try.

ASHER: Zain Asher, CNN, Philadelphia.

(END VIDEOTAPE)

MALVEAUX: We wish Sarah the very best.

A freight train and a commercial truck smashed into each other, this happened yesterday. People felt this explosion blocks away. Just watch.

(BEGIN VIDEO CLIP)

(EXPLOSION)

UNIDENTIFIED MALE: Back up.

(END VIDEO CLIP)

MALVEAUX: This is Rosedale, Maryland. This is east of Baltimore. Emergency officials say nothing toxic was in the fire and the smoke that shot up in the sky -- you see those pictures there. Several buildings however were damaged and the truck driver is in the hospital. Investigators, they're still working to figure out how did this happen?

Powerful winds in Southern California whipped up this sandstorm you see there, shut down portions of the 14 freeway for several hours. The thick cloud of dust reduced visibility to near zero, that was in Lancaster, blamed for several accidents as well. Police had to break out goggles and masks just to work that scene there.

And if you bought coffee this morning, there's a chance you threw your extra change in the tip jar, right? But guess what -- there's a brewing debate over who should actually get that tip. There are some managers who want a cut. Now, New York's top court is weighing in.

(COMMERCIAL BREAK)

MALVEAUX: There's a big court battle brewing over who gets the tips at Starbucks. New York baristas, they have sued saying assistant managers should not be allowed to share those tips. But that's Starbucks policy. And now the case, it has actually made it to New York's top court.

Paul Callan, he's joining us from New York to talk about it. And Paul, so first of all, I was just told you got your Starbucks coffee cup there.

PAUL CALLAN, CNN LEGAL ANALYST: Yes. Field research, Suzanne. I'm ready.

MALVEAUX: OK, good. You put a tip in the tip jar.

CALLAN: I did.

MALVEAUX: How much did you tip? How much did you put in? I'm putting you on the spot.

CALLAN: Well, I thought that I should -- this is excessive, but I left a dollar because I thought I could bill it back to CNN ultimately. So why not?

MALVEAUX: Oh, OK. Reimbursement, kind of cheap there, Paul. But tell me what this is all about. What is this all about? Why is the New York Appeals Court looking at this?

CALLAN: Well, in a sense, to boil it all down, Suzanne, it's the lawyers have figured out a way to get their hand in the tip jar. This is typical of class action lawsuits that we've seen across the country brought on behalf of various classes of employees. And lawyers who take the case, they put together an enormous class of thousands of employees and then they get a third of the recovery. They get huge fees. And then the employee may or may not benefit in a substantial way.

So what's happening at Starbucks? At Starbucks, people who buy coffee there, which is a lot of people in America, leave a tip and they think the person at the counter is getting the tip. Or maybe they think the barista is getting the tip. But in truth, Starbucks is sharing that tip jar not only with the baristas but with shift supervisors and also with assistant managers.

And some of those employees are fed up. And they're saying, hey, these are managers. You know, they're making the big bucks. We're just the ordinary employees, hourly employees. Those tips should be for us. So they've got a lawyer now and they're suing. And New York's highest court is having a look at the situation. So that's what it's about.

MALVEAUX: Sure. Why do managers think they should get a cut of the tips anyway? I am a little confused by that, because they usually are the ones who have a pretty decent salary.

CALLAN: Well, Starbucks makes the argument that -- the managers and the shift supervisors make the argument that, you know, everybody participates in serving the customer in Starbucks. If the line gets too long, a manager may come over and serve you your cup of coffee, a shift supervisor might do that. They get involved in direct servicing of customers. So they should share in the tip jar as well.

I think what's interesting about it is it's obviously -- you can have a fight about who should have their hand in the tip jar, but should the government or a federal judge be making this decision? Or should we leave this up to employers? And that's what's different about what's going on here. The courts are getting involved in these cases, even little cases like who shares the tip jar. And it's going to effect as many as 42,000 businesses in New York and thousands more across the country.

MALVEAUX: Well, yes, I was going to ask about that. Because I mean this goes beyond Starbucks and the fight that they're having with their employees. I imagine, too, there are other businesses looking very closely in terms of who's going to get that money, who's going to get that cut.

CALLAN: People don't think about this, but for instance, when you go into a restaurant and there's somebody -- there's a coat check person who takes your coat and you hand them a dollar or two dollars, whatever the amount of money is, it goes into a jar. Well, who gets that money? In some states, in some cities, the person taking your coat doesn't get any of it. They're hourly employees and it goes to the owner of the restaurant.

So a lot of the states have passed specific laws about how these funds get divided up and now we have lawsuits as a result. The only way you can really protect yourself is when you're dropping the money in the jar, you say to the employee, "Are you going to get a part of this?" and they'll tell you. "No, the manager's getting it or the barista's getting it or, yes, we divide it up." That's what people should really be doing -- asking questions when they're buying their Starbucks coffee.

MALVEAUX: Yes. I wonder if at one point it's like a restaurant where you directly hand the tip to the person, if you could do it that way. But, Paul, we appreciate it your generosity. I think you're going to have to, you know, take that dollar and just eat that one.

CALLAN: Yes. You don't think they'll take that as a -- OK. You're right, Suzanne. Take care.

MALVEAUX: Thanks, Paul.

Retirement of course -- everybody wants it, right? but it's really becoming a distant dream as Americans now have to work longer. Well, up next, Dan Marino and Emilio Estefan, they are joining us live to talk about ways that you can try to achieve your goals later in life. That's up next.

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